Landlords’ Guide to New Mexico Lease Agreements

Looking to navigate the complexities of lease agreements in New Mexico? Look no further! This guide is your comprehensive resource, providing essential information to create legally compliant rental agreements.

From lead-based paint disclosures to rent and fees, we’ll walk you through all the necessary steps.

Discover fair housing protections, tenant screening, and entry and eviction notices to effectively manage your property.

Stay tuned for all the essential information you need as a landlord in New Mexico!

Required Disclosures and Rental Agreements

As a landlord creating a lease agreement New Mexico, it’s crucial to provide tenants with the necessary disclosures and rental agreements.

The state of New Mexico lease agreement requires landlords to disclose any lead-based paint hazards for properties built before 1978. Additionally, landlords must provide identification as either the landlord or agent. It’s also important to disclose the calculations for shared utilities.

Written rental agreements must be provided to tenants, outlining the terms and conditions of the tenancy. These agreements ensure that both parties are aware of their rights and responsibilities.

Rent and Fees

To collect rent from tenants in New Mexico, you should ensure that payment is made at the beginning of each month. According to the lease agreement in New Mexico, rent is due on time without any grace period.

It’s important to note that application fees aren’t regulated, so you have the freedom to set your own fees. Rent control is banned in New Mexico, allowing you the flexibility to adjust rent prices as needed.

Late fees are limited to 10% of the monthly rent, ensuring that tenants are held accountable for timely payment. As a landlord, it’s crucial to follow the terms outlined in the New Mexico residential lease agreement to create a fair and transparent rental process.

Security Deposits

You can charge a reasonable amount for security deposits as a landlord in New Mexico. The amount you charge should be sufficient to cover any potential damages or unpaid rent.

However, it’s important to note that you can’t charge an excessive or unfair amount for a security deposit. In addition, if the security deposit exceeds one month’s rent, you’re required to pay interest on the excess amount.

It’s also your responsibility to return the security deposit within 30 days after the tenant moves out. However, you have the right to withhold funds from the security deposit for unpaid rent, utility bills, or damages beyond normal wear and tear.

Remember to keep accurate records of any deductions made from the security deposit.

Fair Housing Protections and Tenant Screening

When screening tenants in New Mexico, ensure that you comply with fair housing protections and follow the federal Fair Credit Reporting Act for tenant credit information.

In New Mexico, protected classes include race, color, religion, gender, national origin, familial status, disability, ancestry, sexual orientation, gender identity, marital status, and pregnancy. It’s important to treat all applicants equally and avoid any form of discrimination based on these protected characteristics.

Additionally, when conducting tenant screenings, landlords can use criminal background checks, but they can only report convictions from the past seven years. 

It’s crucial to remember that fair housing laws exist to promote equal opportunity and prevent discrimination in the housing market.

Entry and Eviction Notices

It’s also important to understand the rules and regulations regarding entry and eviction notices for rental properties.

When it comes to entering the rental property, landlords must provide tenants with a 24-hour notice. However, emergency entry is allowed in case of an emergency situation.

Eviction notices are also an important aspect to consider. These notices include a rent demand notice, a notice for lease violation, a notice for repeat lease violation, and an unconditional notice to quit.

It’s crucial for landlords to follow the proper procedures and provide the necessary notices when it comes to entry and eviction in order to comply with the laws and protect their rights as well as the rights of their tenants.


In conclusion, as a landlord in New Mexico, understanding the essential requirements and regulations of lease agreements is crucial for a smooth renting process.

From disclosure of lead-based paint hazards to fair housing protections and tenant screening, being knowledgeable in these areas will help you maintain positive landlord-tenant relationships.

Additionally, knowing the details of rent and fees, security deposits, and entry and eviction notices will ensure you can handle financial aspects confidently.

Stay informed and navigate the complexities of the state of New Mexico lease agreement with ease.

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